National Defense Authorization Act for Fiscal Year 2018

In general

Chapter 153 of title 10, United States Code, is amended by inserting after section 2581 the following new section:

Clerical amendment

The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2581 the following new item:

long lead time material; or

material or equipment in economic order quantities when cost savings are achievable.

In general

Subject to section 2306b of title 10, United States Code, the Secretary of the Navy may enter into one or more multiyear contracts, beginning not earlier than the fourth quarter of fiscal year 2018, for the procurement of up to 15 Arleigh Burke class Flight III guided missile destroyers.

Authority for advance procurement

The Secretary of the Navy may enter into one or more contracts, beginning in fiscal year 2018, for advance procurement associated with the destroyers for which authorization to enter into a multiyear procurement contract is provided under paragraph (1), and for systems and subsystems associated with such destroyers in economic order quantities when cost savings are achievable.

Condition for out-year contract payments

A contract entered into under paragraph (1) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2018 is subject to the availability of appropriations or funds for that purpose for such fiscal year.

Limitation

Except as provided under subsection (d), the Secretary of the Air Force may not proceed with a decision to retire fighter aircraft in any number that would reduce the total number of such aircraft in the Air Force total active inventory (TAI) below 1,970, and shall maintain a minimum of 1,145 fighter aircraft designated as primary mission aircraft inventory (PMAI).

Additional limitations on retirement of fighter aircraft

Except as provided under subsection (d), the Secretary of the Air Force may not retire fighter aircraft from the total active inventory as of the date of the enactment of this Act until the later of the following:

Report on retirement of aircraft

The Secretary of the Air Force shall submit to the congressional defense committees a report setting forth the following:

In general

Except as provided under subsection (d), at least 90 days before the date on which a fighter aircraft is retired, the Secretary of the Air Force, in consultation with (where applicable) the Director of the Air National Guard or Chief of the Air Force Reserve, shall submit to the congressional defense committees a report on the proposed force structure and basing of fighter aircraft.

Elements

Each report submitted under paragraph (1) shall include the following elements:

A description of the National Commission on the Structure of the Air Force’s recommendations regarding the use of concurrent and proportional fielding and how the Air Force applied these principles in the fielding plan for the HH–60G replacement programs.

An evaluation of the Air Force’s fielding plan for the HH–60G replacement programs, including an assessment of the Air Force’s rationale for the plan, as well as the alternative fielding plans considered by the Air Force.

An evaluation of the potential readiness impact of the Air Force’s fielding plan on active duty, National Guard, and Reserve units, including the ability to meet training, maintenance, and deployment requirements, as well as the implications for total force integration initiatives should the fielding not be proportional.

That the use of such a contract will result in significant savings of the total anticipated costs of carrying out the program through annual contracts.

That the minimum need for the property to be purchased is expected to remain substantially unchanged during the contemplated contract period in terms of production rate, procurement rate, and total quantities.

That there is a reasonable expectation that throughout the contemplated contract period the Secretary will request funding for the contract at the level required to avoid contract cancellation.

That there is a stable design for the property to be acquired and that the technical risks associated with such property are not excessive.

That the estimates of both the cost of the contract and the anticipated cost avoidance through the use of an economic order quantity contract are realistic.

That the use of such a contract will promote the national security of the United States.

The Secretary has determined that each of the requirements in paragraphs (1) through (6) of subsection (b) will be met by such contract and has provided the basis for such determination to the congressional defense committees.

Confirmation that the preliminary findings of the Secretary under paragraph (1) were made after the completion of a cost analysis performed by the Director of Cost Assessment and Program Evaluation for the purpose of section 2334(e)(1) of title 10, United States Code, and that the analysis supports those preliminary findings.

A sufficient number of end items of the system being acquired under such contract have been delivered at or within the most current estimates of the program acquisition unit cost or procurement unit cost for such system to determine that current estimates of such unit costs are realistic.

During the fiscal year in which such contract is to be awarded, sufficient funds will be available to perform the contract in such fiscal year, and the future-years defense program for such fiscal year will include the funding required to execute the program without cancellation.

The contract is a fixed price type contract.

The proposed contract provides for production at not less than minimum economic rates given the existing tooling and facilities.

In general

The Secretary of Defense may establish one or more multi-institution task order contracts, consortia, cooperative agreements, or other arrangements to facilitate expedited access to university technical expertise, including faculty, staff, and students, in support of Department of Defense missions in the areas specified in subsection (e).

Use for technical analyses and engineering support

The Secretary may use an arrangement under paragraph (1) to fund technical analyses and other engineering support as required to address acquisition and operational challenges, including support for classified programs and activities.

Performance by designated university performer

The Secretary shall ensure that work awarded through an arrangement under paragraph (1) is performed primarily by the designated university performer.

selection of participants in the arrangement or arrangements;

the awarding of task orders under the arrangement or arrangements;

maximum award size for tasks under the arrangement or arrangements;

the appropriate use of competitive awards and sole source awards under the arrangement or arrangements; and

technical areas under the arrangement or arrangements.

Cybersecurity.

Air and ground vehicles.

Shipbuilding.

Explosives detection and defeat.

Undersea warfare.

Trusted electronics.

Unmanned systems.

Directed energy.

Energy, power, and propulsion.

Management science and operations research.

Artificial intelligence.

Data analytics.

Business systems.

Technology transfer and transition.

Biological engineering and genetic enhancement.

High performance computing.

Materials science and engineering.

Quantum information sciences.

Special operations activities.

Modeling and simulation.

Autonomous systems.

Model based engineering.

Such other areas as the Secretary considers appropriate.

Section 219 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 10 U.S.C. 2358 note), is hereby repealed.

Section 2805(d)(1)(B) of title 10, United States Code, is amended by striking under section 219(a) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 10 U.S.C. 2358 note) and inserting section 2363(a) of this title.

in subsection (a)(1)—

in subsection (d), by adding at the end the following new paragraph:

by redesignating subsections (e) and (f) as subsection (f) and (g), respectively; and

by inserting after subsection (d) the following new subsection (e):

Subsections (a), (c)(1)(C), and (d)(2) of such section are amended by striking Assistant Secretary each place it appears and inserting Under Secretary.

Subparagraph (C) of section 342(b)(3) of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103–337), as amended by section 211(f) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328), as redesignated by subsection (a)(3) of this section, is amended by striking Assistant Secretary and inserting Under Secretary.

In general

In this section:

Definition of services for purposes of requirements relating to tracking of purchases of services

Section 2330a(h) of title 10, United States Code, is amended by inserting after paragraph (4) the following new paragraph:

accelerating the fielding of directed energy weapon systems that would help counter technological advantages of potential adversaries of the United States; and

supporting the military departments, the combatant commanders, the United States Special Operations Command, and the Missile Defense Agency in developing prototypes and demonstrating operational utility of high energy lasers and high powered microwave weapon systems.

In general

Not later than 180 days after the date of the enactment of this Act, the Under Secretary shall issue guidelines for the operation of the program established under subsection (a), including—

Limitation

Funding for a military department, defense agency, or combatant command under the program established under subsection (a) may only be available for advanced technology development, prototyping, and demonstrations in which the Department of Defense maintains management of the technical baseline and a primary emphasis on technology transition and evaluating military utility to enhance the likelihood that the particular directed energy weapon system will meet the Department end user’s need.

In general

Not less frequently than once each year, the Under Secretary shall solicit from the heads of the military departments, the defense agencies, and the combatant commands applications for funding under the program established under subsection (a) to be used to enter into contracts, cooperative agreements, or other transaction agreements entered into pursuant to section 2371b of title 10, United States Code, with appropriate entities for the fielding or commercialization of technologies.

Treatment pursuant to certain congressional rules

Nothing in this section shall be construed to require any official of the Department of Defense to provide funding under the program to any congressional earmark as defined pursuant to clause 9 of rule XXI of the Rules of the House of Representatives or any congressionally directed spending item as defined pursuant to paragraph 5 of rule XLIV of the Standing Rules of the Senate.

In general

Except as provided in paragraph (2) and subject to the availability of appropriations for such purpose, of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2018 for research, development, test, and evaluation, defense-wide, $200,000,000 shall be available to the Under Secretary to allocate to the military departments, the defense agencies, and the combatant commands to carry out the program established under subsection (a).

Limitation

Not more than half of the amounts made available under paragraph (1) may be allocated as described in such paragraph until the Under Secretary—

In general

The Secretary of Defense shall take such actions as may be necessary to improve the process used to update the mission data files used in advanced combat aircraft of the United States so that such updates can occur more quickly.

Requirements

In improving the process under paragraph (1), the Secretary shall ensure the following:

fifth-generation combat aircraft;

fifth-generation and fourth-generation combat aircraft;

fifth-generation and fourth-generation combat aircraft and appropriate support aircraft and other network nodes for command, control, communications, intelligence, surveillance, and reconnaissance purposes; and

fifth-generation and fourth-generation combat aircraft and their associated network-enabled precision weapons.

nonproprietary and open systems approaches compatible with the Rapid Capabilities Office Open Mission Systems initiative of the Air Force and the Future Airborne Capability Environment initiative of the Navy;

a competitive acquisition process, to include comparative flight demonstrations in realistic airborne environments; and

low risk and affordable solutions with minimal impact or changes to existing host platforms, and minimal overall integration costs.

A description of how the Secretary intends to exploit the latest enabling component technologies that have the potential to dramatically change basic combat vehicle design and improve lethality, protection, mobility, range, and sustainment, including an analysis of capabilities of the most advanced foreign ground combat vehicles and whether any have characteristics that should inform the development of the Army's prototype vehicle, including whether any United States allies or partners have advanced capabilities that could be directly incorporated in the prototype.

The schedule, cost, key milestones, and leadership plan to rapidly design and build the prototype ground combat vehicle.

The United States has gained a thorough understanding of hypersonic technology over the course of seven decades of experimentation.

The requirements for technological breakthroughs in hypersonics have largely been established, allowing pursuit of hypersonic glide weapons without a prohibitive budget effect.

The Department of Defense has several hypersonic research and development efforts underway, including conventional prompt global strike (CPS) weapons system, the Hypersonic Air-Breathing Weapon Concept, and the Tactical Boost Glide program.

In testimony before the Committee on Armed Services of the Senate on April 4, 2017, the Commander of United States Strategic Command, General John Hyten, identified the conventional prompt global strike weapons system as the leading technology maturation effort in the realm of hypersonics and stated that his command sees an operational need for a CPS capabilities by the mid-2020s..

Hypersonic weapons present a radical change in warfare, because they can circumvent many of the challenges associated with contested warfare and integrated air defenses.

Hypersonic weapons may provide solutions to difficult problem sets, such as anti-access area denial schemes, deeply buried or hardened target sets, and mobile high value target sets.

Other countries are aggressively pursuing hypersonic weapons at an alarming rate that threaten to outpace the United States if the United States does not more aggressively pursue development of hypersonic weapons.

The Air Force has a $10,000,000 requirement on the Unfunded Priority List for hypersonic prototyping.

the Department of Defense should expedite testing, evaluation, and acquisition of hypersonic weapon systems to meet the stated needs of the warfighter;

testing of such weapon systems should include flight testing, ground based testing, and underwater launch testing;

the Department of Defense should adhere to the requirement in section 1688 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328) to proceed to a Milestone A decision on the conventional prompt global strike weapons system not later than September 30, 2020, or the date that is 240 days after the successful completion of intermediate range flight 2 of such system;

the United States cannot afford to lose its advantage over foreign countries in developing hypersonic weapons; and

the Department of Defense should focus on the next generation of weapon systems, including third offset technologies, such as hypersonics.

Military installation

The term military installation has the same meaning as provided in section 670(1) of title 16, United States Code.

State-owned national guard installation

The term State-owned National Guard installation has the same meaning as provided in section 670(3) of title 16, United States Code.

Sentinel landscape

The term sentinel landscape means a landscape-scale area encompassing—

to establish a modernized, dedicated adversary air training enterprise for the Department of the Navy in order to—

to explore all available opportunities to challenge the combat air forces of the Department of the Navy with threat representative adversary-to-friendly aircraft ratios, known and emerging adversary tactics, and high-fidelity replication of threat airborne and ground capabilities; and

to execute all means available to achieve training and readiness goals and objectives of the Navy and Marine Corps with demonstrated institutional commitment to the adversary air training enterprise through the application of Department of the Navy policy and resources, partnering with the other Armed Forces, allies, and friends, and employing the use of industry contracted services.

Repeal of existing provision

Section 358 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (49 U.S.C. 44718 note) is repealed.

Cross-reference in title 49, United States Code

Section 44718(f) of title 49, United States Code, is amended by inserting and in accordance with section 183a(e) of title 10 after conducted under subsection (b).

Reference to regulations

Section 44718(g) of title 49, United States Code, is amended by striking 211.3 of title 32, Code of Federal Regulations, as in effect on January 6, 2014 both places it appears and inserting 183a(i) of title 10.

Table of sections amendment

The table of sections at the beginning of chapter 7 of title 10 is amended by inserting after the item relating to section 183 the following new item:

helping to maintain the viability of the military manufacturing arsenal, depot, or plant and any military installations on which it is located;

eliminating, or at least reducing, the cost of Government ownership of the military manufacturing arsenal, depot, or plant, including the costs of operations and maintenance, the costs of environmental remediation, and other costs; and

leveraging private investment at the military manufacturing arsenal, depot, or plant through long-term facility use contracts, property management contracts, leases, or other agreements that support and advance the preceding purposes.

In general

The Secretary of the Army may delegate the authority provided by this section to the commander of the major subordinate command of the Army that has responsibility for the military manufacturing arsenal, depot, or plant or, if part of a larger military installation, the installation as a whole. The commander may approve a lease or contract under such authority on a case-by-case basis or a class basis.

Notice of approval

Upon any approval of a lease or contract by a commander pursuant to a delegation of authority under paragraph (1), the commander shall notify the Army real property manager and Congress of the approval.

Review period

Any lease or contract that is approved utilizing the delegation authority under paragraph (1) is subject to a 90-day hold period so that the Army real property manager may review the lease or contract pursuant to paragraph (4).

Disposition of review

If the Army real property manager disapproves of a contract or lease submitted for review under paragraph (3), the agreement shall be null and void upon transmittal by the real property manager to the delegating authority of a written disapproval, including a justification for such disapproval, within the 90-day hold period. If no such disapproval is transmitted within the 90-day hold period, the agreement shall be deemed approved.

Approval of revised agreement

If, not later than 60 days after receiving a disapproval under paragraph (4), the delegating authority submits to the Army real property manager a new contract or lease that addresses the concerns of the Army real property manager outlined in such disapproval, the new contract or lease shall be deemed approved unless the Army real property manager transmits to the delegating authority a disapproval of the new contract or lease within 30 days of such submission.

For the Army:

For the Navy:

For the Marine Corps:

For the Air Force:

A summary by appropriation account with subtotals for Department of Defense components.

A summary of each appropriation account by budget activity, activity group, and sub-activity group with budget activity and activity group subtotals and an appropriation total.

A detailed sub-activity group by program element and expense aggregate listing in budget activity and activity group sequence.

A rollup document by sub-activity group with accompanying program element funding with the PB-61 program element tags included.

A summary of each depot maintenance facility with information on workload, work force, sources of funding, and expenses similar to the exhibit on Mission Funded Naval Shipyards included with the 2012 Navy Budget Justification.

A summary of contractor logistics support for each program element, including a measure of workload and unit cost.

preserving the history of the 3,000,000 women who have served in the United States Armed Forces;

managing an archive of artifacts, historic memorabilia, and documents related to servicewomen;

maintaining a women veterans’ oral history program; and

conducting other educational programs related to women in service.

the reforging of new firearms or their components; and

force protection barriers and security bollards.

commence a study on the human health implications of per- and polyfluoroalkyl substances (PFAS) contamination in drinking water, ground water, and any other sources of water and relevant exposure vectors, including the cumulative human health implications of multiple types of PFAS contamination at levels above and below health advisory levels;

not later than 5 years after the date of enactment of this Act (or 7 years after such date of enactment after providing notice to the appropriate congressional committees of the need for the delay)—

not later than one year after the date of the enactment of this Act, and annually thereafter until submission of the report under paragraph (2)(B), submit to the appropriate congressional committees a report on the progress of the study.

Authorization

There is authorized to be appropriated $7,000,000 to carry out this section.

Offset

The amount authorized to be appropriated for fiscal year 2018 for the Department of Defense by section 301 for operation and maintenance is hereby reduced by $7,000,000, with the amount of such decrease to be allocated to operation and maintenance, Navy, SAG BSIT, as specified in the funding tables in section 4301.

the congressional defense committees;

the Committee on Heath, Education, Labor, and Pensions and the Committee on Veterans' Affairs of the Senate; and

the Committee on Energy and Commerce and the Committee on Veterans' Affairs of the House of Representatives.

the Red Hill Bulk Fuel Storage Facility located on Oahu, Hawaii is a national strategic asset that—

the facility in its current form cannot be replicated anywhere else in the world;

moving the fuel to another storage facility in the Indo-Asia-Pacific would have implications for the United States military force structure in the State of Hawaii and put at risk billions of dollars in annual economic activity that the Armed Forces bring to the State of Hawaii;

if the facility were closed, the United States Armed Forces would be unable to support the National Military Strategy, including the goals of the United States Pacific Commander, and national security interests would be significantly undermined;

constant vigilance is required to ensure that facility degradation and fuel leaks do not pose a threat to the people of Hawaii, especially the drinking water on Oahu; and

despite its importance, the facility continues to face long-term challenges without robust and consistent funding that provides the Navy and the Defense Logistics Agency with the resources needed to improve the tanks and associated infrastructure.

Annual budget justification

The Secretary of Defense, in consultation with the Secretary of the Navy, shall ensure that the budget justification materials submitted to Congress in support of the Department of Defense budget for any fiscal year (as submitted with the budget of the President under section 1105(a) of title 31, United States Code) includes a description of how the Department will use funds to support any deliverables that the parties of the Administrative Order on Consent/Statement of Work have identified as necessary to mitigate and prevent fuel leaks at the Red Hill Bulk Fuel Storage Facility on Oahu, Hawaii.

Future years Defense budget

The Secretary of Defense, in consultation with the Secretary of the Navy, shall ensure that each future-years defense program submitted to Congress under section 221 of title 10, United States Code, describes how the Department will use funds to support any deliverables that the parties of the Administrative Order on Consent/Statement of Work have identified as necessary to mitigate and prevent fuel leaks at the Red Hill Bulk Fuel Storage Facility on Oahu, Hawaii, in the period covered by the future-years defense program.

The Army National Guard of the United States, 343,500.

The Army Reserve, 199,500.

The Navy Reserve, 59,000.

The Marine Corps Reserve, 38,500.

The Air National Guard of the United States, 106,600.

The Air Force Reserve, 69,800.

The Coast Guard Reserve, 7,000.

the total authorized strength of units organized to serve as units of the Selected Reserve of such component which are on active duty (other than for training) at the end of the fiscal year; and

the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training or for unsatisfactory participation in training) without their consent at the end of the fiscal year.

National Guard

The number of non-dual status technicians employed by the National Guard as of September 30, 2018, may not exceed the following:

Army Reserve

The number of non-dual status technicians employed by the Army Reserve as of September 30, 2018, may not exceed 0.

Air Force Reserve

The number of non-dual status technicians employed by the Air Force Reserve as of September 30, 2018, may not exceed 0.

by inserting (1) after (b); and

by adding at the end the following new paragraph:

The Assistant Judge Advocate General of the Navy provided for by section 5149(b) of title 10, United States Code.

The Assistant Judge Advocate General of the Navy provided for by section 5149(c) of title 10, United States Code.

in subsection (a)(2), by inserting or (e) after subsection (b);

by redesignating subsections (e) and (f) as subsections (f) and (g), respectively;

by inserting after subsection (d) the following new subsection (e):

in subsection (f), as redesignated by paragraph (2), by striking or (d) and inserting , (d), or (e).

in subsection (d), by adding at the end the following new paragraph:

by adding at the end the following new subsection:

in subsection (c)—

by adding at the end the following new subsection:

Mechanisms to increase the ability of officers to repeatedly transition between active duty and reserve active-status throughout the course of their military careers.

Mechanisms to provide the Armed Forces additional flexibility in managing the populations of officers in the grades of major, lieutenant colonel, and colonel and Navy grades of lieutenant commander, commander, and captain.

Mechanisms to use the modernized retirement system provided by part I of subtitle D of title VI of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92) to encourage officers to pursue careers of lengths that vary from the traditional 20-year military career.

Mechanisms to provide for alternative career tracks for officers that encourage and facilitate the recruitment and retention of officers with technical expertise.

Mechanisms for a career and promotion path for officers in cyber-related specialties.

Mechanism to ensure the officer corps does not become disproportionately weighted toward officers serving in the grades of major, lieutenant colonel, and colonel and Navy grades of lieutenant commander, commander, and captain.

Any other mechanisms or matters the Secretary considers appropriate to improve the effective recruitment, management, and retention of regular and reserve officers of the Armed Forces.

A Military Occupational Speciality Code (MOS) and any other military specialty or military occupational specialty of the Army, in the case of the Army.

A Naval Enlisted Code (NEC), Unrestricted Duty code, Restricted Duty code, Restricted Line duty code, Staff Corps code, Limited Duty code, Warrant Officer code, and any other military specialty or military occupational specialty of the Navy, in the case of the Navy.

An Air Force Specialty Code (AFSC) and any other military specialty or military occupational specialty of the Air Force, in the case of the Air Force.

A Military Occupational Speciality Code (MOS) and any other military specialty or military occupational specialty of the Marine Corps, in the case of the Marine Corps.

Codification

Chapter 79 of title 10, United States Code, is amended by inserting after section 1554a a new section 1554b consisting of—

Clerical amendment

The table of sections at the beginning of chapter 79 of such title is amended by inserting after the item relating to section 1554a the following new item:

Conforming repeal

Section 547 of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 is repealed.

by striking Armed Forces each place it appears in subsections (a) and (b) and inserting armed forces;

in subsection (a)—

in subsection (b), by striking boards for the correction of military records and inserting boards of the military department concerned established in accordance with this chapter; and

in subsection (d)—

photographed, videotaped, filmed, or recorded by any means with the consent of such person; and

distributed by another person who knew or should have known that the depicted person did not consent to such distribution.

Section 801 of title 10, United States Code (article 1 of the Uniform Code of Military Justice), is amended in the matter preceding paragraph (1) by striking chapter: and inserting chapter (the Uniform Code of Military Justice):.

Section 806b(b) of title 10, United States Code (article 6b(b) of the Uniform Code of Military Justice), is amended by striking (the Uniform Code of Military Justice).

Section 937 of title 10, United States Code (article 137 of the Uniform Code of Military Justice), as amended by section 5503 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328), is further amended by striking (the Uniform Code of Military Justice) each place it appears as follows:

by inserting after President, the following: subject to section 830a of this title (article 30a).;

by striking and, to the extent practicable, and inserting To the extent practicable, such a petition; and

by striking before the court. and inserting before the Court of Criminal Appeals..

in the matter preceding subparagraph (A), by inserting , or otherwise act on, after to review; and

by adding at the end the following new subparagraph:

in the matter preceding subparagraph (A), by inserting after concerned, the following: under standards and procedures set forth in regulations prescribed by the President,; and

in subparagraph (B), by inserting after (B) the following: as determined in accordance with standards and procedures prescribed by the President,.

Subsection (a) of section 858a of title 10, United States Code (article 58a of the Uniform Code of Military Justice), as amended by section 5303(1) of the National Defense Authorization Act for Fiscal Year 2017, is further amended in the matter after paragraph (3) by inserting after reduces the following: , if such a reduction is authorized by regulation prescribed by the President,.

The heading of such section (article) is amended to read as follows:

by striking 928a, 926, and 928 and inserting 926, 928, and 928a; and

by striking 128a 126, and 128 and inserting 126, 128, and 128a.

in paragraph (2), by striking the sentence beginning Not later than and inserting the following new sentence: The analysis under this paragraph shall be included in the assessment required by paragraph (1).; and

by striking paragraph (5) and inserting the following new paragraph (5):

The table of sections at the beginning of subchapter II of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), as amended by section 5541(1) of the National Defense Authorization Act for Fiscal Year 2017, is further amended in the items relating to sections 810 and 812 (articles 10 and 12) by striking Art..

The table of sections at the beginning of subchapter V of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), as amended by section 5541(2) of the National Defense Authorization Act for Fiscal Year 2017, is further amended—

The table of sections at the beginning of subchapter VI of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), as amended by section 5541(3) of the National Defense Authorization Act for Fiscal Year 2017, is further amended—

The table of sections at the beginning of subchapter VII of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), as amended by section 5541(4) of the National Defense Authorization Act for Fiscal Year 2017, is further amended in the items relating to sections 846 through 848, 850, 852, 853, and 853a (articles 46 through 48, 50, 52, 53, and 53a) by striking Art..

The table of sections at the beginning of subchapter VIII of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), as amended by section 5541(5) of the National Defense Authorization Act for Fiscal Year 2017, is further amended by striking the item relating to section 858a (article 58a) and inserting the following new item:

The table of sections at the beginning of subchapter IX of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), as amended by section 5541(6) of the National Defense Authorization Act for Fiscal Year 2017, is further amended in the items relating to sections 860 through 861, 864 through 866, and 869 (articles 60 through 61, 64 through 66, and 69) by striking Art..

The table of sections at the beginning of subchapter X of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), as amended by section 5452 of the National Defense Authorization Act for Fiscal Year 2017, is further amended—

The table of sections at the beginning of subchapter XI of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), as amended by section 5541(7) of the National Defense Authorization Act for Fiscal Year 2017, is further amended in the items relating to sections 936 and 940a (articles 136 and 140a) by striking Art..

The table of sections at the beginning of subchapter XII of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), as amended by section 5541(8) of the National Defense Authorization Act for Fiscal Year 2017, is further amended in the items relating to sections 946 and 946a (articles 146 and 146a) by striking Art..

Section 673(a) of title 10, United States Code, is amended by striking section 920, 920a, or 920c of this title (article 120, 120a, or 120c of the Uniform Code of Military Justice) and inserting section 920, 920c, or 930 of this title (article 120, 120c, or 130 of the Uniform Code of Military Justice).

Section 674(a) of such title is amended by striking section 920, 920a, 920b, 920c, or 925 of this title (article 120, 120a, 120b, 120c, or 125 of the Uniform Code of Military Justice) and inserting section 920, 920b, 920c, or 930 of this title (article 120, 120b, 120c, or 130 of the Uniform Code of Military Justice).

Section 1034(c)(2)(A) of such title is amended by striking sections 920 through 920c of this title (articles 120 through 120c of the Uniform Code of Military Justice) and inserting section 920, 920b, 920c, or 930 of this title (article 120, 120b, 120c, or 130 of the Uniform Code of Military Justice).

Section 1044e(g)(1) of such title is amended by striking section 920, 920a, 920b, 920c, or 925 of this title (article 120, 120a, 120b, 120c, or 125 of the Uniform Code of Military Justice) and inserting section 920, 920b, 920c, or 930 of this title (article 120, 120b, 120c, or 130 of the Uniform Code of Military Justice).

Section 1059(e) of such title is amended—

Section 1408(h)(10)(A) of such title is amended by striking the approval and all that follows and inserting entry of judgment under section 860c of this title (article 60c of the Uniform Code of Military Justice)..

The amendments made by division E of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328), as provided for in section 5542 of that Act.

The amendments made by section 522(b) of this Act, as provided in section 522(aa) of this Act.

in paragraph (2), by striking or after the semicolon;

in paragraph (3), by striking the period and inserting a semicolon; and

by adding at the end the following new paragraphs:

by inserting after Court the first place it appears the following: of Criminal Appeals; and

by adding at the end the following new sentence: If the Court of Appeals for the Armed Forces determines that additional proceedings are warranted, the Court of Criminal Appeals shall order a hearing or other proceeding in accordance with the direction of the Court of Appeals for the Armed Forces..

by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and

by inserting after subsection (b) the following new subsection (c):

in paragraph (1), striking establishing and all that follows and inserting a military justice career track for judge advocates under the jurisdiction of the Secretary.;

by redesignating paragraph (4) as paragraph (5); and

by inserting after paragraph (3) the following new paragraph (4):

A certification by the Commander of the United States Fleet Forces Command that the block learning and modernized delivery methods of the Ready, Relevant Learning initiative to be implemented during the fiscal year beginning in which such certification is submitted will meet or exceed the existing training delivery approach for all associated training requirements.

A certification by the Secretary that the content re-engineering necessary to meet all training objectives and transition from the traditional training curriculum to the modernized delivery format to be implemented during such fiscal year will be complete prior to such transition, including full functionality of all required course software and hardware.

A detailed cost estimate of transitioning to the block learning and modernized delivery approaches to be implemented during such fiscal year with funding listed by purpose, amount, appropriations account, budget program element or line item, and end strength adjustments.

A detailed phasing plan associated with transitioning to the block learning and modernized delivery approaches to be implemented during such fiscal year, including the current status, timing, and identification of reductions in A school and C school courses, curricula, funding, and personnel.

A certification by the Secretary that—

In general

In accordance with procedures established by the Secretary of Defense, each Secretary of a military department shall take appropriate actions to achieve the following:

Caregivers

For purposes of this subsection, individuals who provide caregiver services refers to individuals (including a spouse, partner, parent, sibling, adult child, other relative, or friend) who provide physical or emotional assistance to former members of the Armed Forces during and after their transition from military life to civilian life following separation from the Armed Forces.

Deadline for commencement

Each Secretary of a miliary department shall commence the actions required pursuant to this subsection by not later than 180 days after the date of the enactment of this Act.

In general

Each Secretary of a military department may carry out a pilot program under which former cadets or midshipmen described in paragraph (2) (in this section referred to as eligible individuals) under the jurisdiction of such Secretary may be appointed by the Secretary of Defense in the excepted service under section 3320 of title 5, United States Code, in the Department of Defense.

Cadets and midshipmen

Except as provided in paragraph (3), a former cadet or midshipman described in this paragraph is any former cadet at the United States Military Academy or the United States Air Force Academy, and any former midshipman at the United States Naval Academy, who—

Exception

A former cadet or midshipman whose medical disqualification as described in paragraph (2)(B) is the result of the gross negligence or misconduct of the former cadet or midshipman is not an eligible individual for purposes of appointment under a pilot program.

In general

The positions to which an eligible individual may be appointed under a pilot program are existing positions within the Department of Defense in grades up to GS–9 under the General Schedule under section 5332 of title 5, United States Code (or equivalent). The authority in subsection (a) does not authorize the creation of additional positions, or create any vacancies to which eligible individuals may be appointed under a pilot program.

Term positions

Any appointment under a pilot program shall be to a position having a term of five years or less.

Recruitment and retention of eligible individuals

The authority in subsection (a) may be used only to the extent necessary to recruit and retain on a non-competitive basis cadets and midshipmen who are relieved of an obligation for active duty in the Armed Forces due to becoming medically disqualified from serving on active duty in the Armed Forces, and may not be used to appoint any other individuals in the excepted service.

Voluntary acceptance of appointments

A pilot program may not be used as an implicit or explicit basis for compelling an eligible individual to accept an appointment in the excepted service in accordance with this section.

In general

The authority to appoint eligible individuals in the excepted service under a pilot program shall expire on the date that is four years after the date of the enactment of this Act.

Effect on existing appointments

The termination by paragraph (1) of the authority in subsection (a) shall not affect any appointment made under that authority before the termination date specified in paragraph (1) in accordance with the terms of such appointment.

the date on which the Secretary of the Air Force submits to the Committees on Armed Services of the Senate and the House of Representatives, and to the Comptroller General of the United States, a report on the attendance of such personnel at such courses as described in subsection (b);

the date on which the Comptroller General submits to such committees the report setting forth an assessment of the report under paragraph (1) as described in subsection (c); or

180 days after the date of the enactment of this Act.

The purpose of the attendance of Air Force enlisted personnel at Air Force officer professional military education in-residence courses.

The objectives for the attendance of such enlisted personnel at such officer professional military education courses.

The required prerequisites for such enlisted personnel to attend such officer professional military education courses.

The process for selecting such enlisted personnel to attend such officer professional military education courses.

The impact of the attendance of such enlisted personnel at such officer professional military education courses on the availability of officer allocations for the attendance of officers at such courses.

The impact of the attendance of such enlisted personnel at such officer professional military education courses on the morale and retention of officers attending such courses.

The resources required for such enlisted personnel to attend such officer professional military education courses.

The impact on unit and overall Air Force manning levels of the attendance of such enlisted personnel at such officer professional military education courses, especially at the statutorily-limited end strengths of grades E–8 and E–9.

The extent to which graduation by such enlisted personnel from such officer professional military education courses is a requirement for Air Force or joint assignments.

The planned assignment utilization for Air Force enlisted graduates of such officer professional military education courses.

Any other matters in connection with the attendance of such enlisted personnel at such officer professional military education courses that the Secretary considers appropriate.

In general

Not later than 90 days after the date the Secretary submits the report described in subsection (a)(1), the Comptroller General shall submit to the Committees on Armed Services of the Senate and the House of Representatives a briefing on an assessment of the report by the Comptroller General. As soon as practicable after the briefing, the Comptroller General shall submit to such committees a report on such assessment for purposes of subsection (a)(2).

Elements

The report under paragraph (1) shall include the following:

In general

The Secretary of Defense shall conduct a pilot program to assess the feasability and advisability of assisting members of the Armed Forces described in subsection (c) who are undergoing the transition from active duty in the Armed Forces to civilian life by accelerating and improving their access to employment following their transition to civilian life through the coordination, integration, and leveraging of existing programs and authorities of the Department of Defense for such purposes with programs and resources of State and local agencies, institutions of higher education, employers, and other public, private, and nonprofit entities applicable to the pilot program.

Existing community programs and resources

For purposes of this section, existing programs and resources of State and local agencies, institutions of higher education, employers, and other public, private, and nonprofit entities described in paragraph (1) in the vicinity of a location of the pilot program are referred to as the existing community programs and resources in that vicinity.

To facilitate the coordination of existing community programs and resources in the locations of the pilot program in order to identify a model for the coordination of such programs and authorities that can be replicated nationwide in communities in which members of the Armed Forces described in subsection (c) are undergoing the transition from active duty to civilian life.

To identify mechanisms by which the Department of Defense and existing community programs and resources may work with employers and members of the Armed Forces described in subsection (c) in order to—

To identify mechanisms to assist members of the Armed Forces described in subsection (c) in bridging geographical gaps between their final military installations and nearby metropolitan areas in which employment and necessary training are likely to be available to such members during or following their transition to civilian life.

Regular members of the Armed Forces who are within 180 days of discharge or release from the Armed Forces.

Members of the reserve components of the Armed Forces (whether National Guard or Reserve) who are on active duty for a period of more than 365 days and are within 180 days of release from such active duty.

In general

The Secretary shall carry out the pilot program at not less than five locations selected by the Secretary for purposes of the pilot program.

Selection requirements

Each location selected pursuant to paragraph (1) shall—

A mechanism to identify existing community programs and resources for participation in the pilot program, including programs and resources that are currently working with programs and authorities of the Department of Defense to assist members of the Armed Forces described in subsection (c), and, especially, programs and resources that are recognized as engaging in best practices in working with such programs and authorities of the Department.

A mechanism to assess the willingness of employers in the vicinity of such location to participate in the pilot program and employ members of the Armed Forces participating in the pilot program following their transition to civilian life.

A mechanism to assess the willingness of the State in which such location is located to recognize military training for credit for professional and occupational licenses.

A civilian community coordinator for the pilot program, who shall be responsible for implementation and execution of the pilot program for the Department, and for coordinating existing community programs and resources, at such location by—

A plan of action for delivering additional training and credentialing modules for members of the Armed Forces described in subsection (c) in order to seek to provide such members with skills that are in high demand in the vicinity and region of such location.

Initial report

Not later than one year after the date of the commencement of the pilot program, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the pilot program. The report shall include, for each location selected for the pilot program pursuant to subsection (d), the following:

Final report

Not later than 90 days before the date on which the pilot program terminates, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives an update of the report submitted under paragraph (1).

In general

The training provided pursuant to subsection (a) shall meet such requirements as the Secretary of Defense shall establish for purposes of this section. Such training shall, to the extent practicable, be uniform across the Armed Forces.

Sense of Congress on provision and nature of training

It is the sense of Congress that the training should—

The term delayed entry program means the following:

The term Secretary concerned has the meaning given that term in section 101(a)(9) of title 10, United States Code.

Cybersecurity skills or related skills.

Computer coding skills or related skills.

In general

An educational institution described in this subsection is an educational institution not otherwise approved for participation in the Department of Defense Tuition Assistance Program that receives approval from the Department of Defense for participation in the program for courses or programs of education described in subsection (b).

Approval

Any approval of the participation of an educational institution in the Program under this subsection would be granted by the Under Secretary of Defense for Personnel and Readiness in accordance with such guidance as the Under Secretary would issue for purposes of this section.

Memoranda of understanding

The Under Secretary would enter into a memorandum of understanding with each educational institution approved for participation in the Program pursuant to this subsection regarding the participation of such educational institution in the Program. Each memorandum of understanding would set forth such terms and conditions regarding the participation of the educational institution concerned in the Program, including terms and conditions applicable to the courses or programs for which tuition assistance under the Program could be used, as the Under Secretary would consider appropriate for purposes of this section.

Massive online open courses (MOOCs).

Short-term certification courses, including so-called computer coding boot camps.

Such other non-traditional courses and programs of education leading to skills specified in subsection (b) as the Under Secretary would consider appropriate for purposes of this section.

In general

The amendment made by subsection (a) shall take effect on October 1, 2017, and shall, except as provided in paragraph (2), apply with respect to allowances for basic housing payable for months beginning on or after that date.

Preservation of current BAH for members with uninterrupted eligibility for BAH

Notwithstanding the amendment made by subsection (a), the monthly amount of basic allowance for housing payable to a member of the uniformed services under section 403 of title 37, United States Code, as of September 30, 2017, shall not be reduced by reason of the amendment so long as the member retains uninterrupted eligibility for such basic allowance for housing within an area of the United States or within an overseas location (as applicable).

in paragraph (1), by striking or serious economic conditions affecting the general welfare;

by striking paragraph (2); and

by redesignating paragraph (3) as paragraph (2).

if the date of the enactment of this Act occurs before September 1 of a year, shall apply with respect to plans for alternative pay adjustments for any year beginning after such year; and

if the date of the enactment of this Act occurs after August 31 of a year, shall apply with respect to plans for alternative pay adjustments for any year beginning after the year following such year.

Section 2130a(a)(1), relating to nurse officer candidate accession program.

Section 16302(d), relating to repayment of education loans for certain health professionals who serve in the Selected Reserve.

Section 302c-1(f), relating to accession and retention bonuses for psychologists.

Section 302d(a)(1), relating to accession bonus for registered nurses.

Section 302e(a)(1), relating to incentive special pay for nurse anesthetists.

Section 302g(e), relating to special pay for Selected Reserve health professionals in critically short wartime specialties.

Section 302h(a)(1), relating to accession bonus for dental officers.

Section 302j(a), relating to accession bonus for pharmacy officers.

Section 302k(f), relating to accession bonus for medical officers in critically short wartime specialties.

Section 302l(g), relating to accession bonus for dental specialist officers in critically short wartime specialties.

Title 10

The following provisions of title 10, United States Code, are each amended by inserting or 373 before of title 37:

Title 14

Section 182(g) of title 14, United States Code, is amended by inserting or 373 before of title 37.

in paragraph (1)—

in paragraph (2)—

In general

Not later than one year after the date of the enactment of this Act, the Secretary shall, in consultation with the Secretary of Health and Human Services, establish a demonstration program to enable applicable eligible individuals to enroll in Medicare Advantage plans.

Duration

The demonstration program established under paragraph (1) shall be carried out for a period of not less than five years.

Selection

The Secretary shall competitively select one or more Medicare Advantage plans for which the Secretary of Health and Human Services has waived or modified requirements under section 1857(i) of the Social Security Act (42 U.S.C. 1395w-27(i)) in market areas of the TRICARE program with large concentrations of beneficiaries eligible for TRICARE for Life (as determined by the Secretary) to participate in the demonstration program through the use of risk-bearing, capitated contracts with Medicare Advantage organizations.

Requirements

Each Medicare Advantage plan selected under paragraph (1) shall meet the following requirements:

Use of Department facilities and services

Report on implementation of program

Final report

Not later than four years after the date of the enactment of this Act, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report providing a comprehensive assessment of the demonstration program under this section.

Applicable eligible individual

The term applicable eligible individual means an eligible individual (as defined in paragraph (2)) who is a Medicare Advantage eligible individual (as defined in section 1851(a)(3) of the Social Security Act (42 U.S.C. 1395w-21(a)(3))).

Eligible individual

The term eligible individual means an individual eligible for health benefits under section 1086(d) of title 10, United States Code.

Medicare Advantage organization

The term Medicare Advantage organization has the meaning given that term in section 1859 of the Social Security Act (42 U.S.C. 1395w-28).

Medicare Advantage plan

The term Medicare Advantage plan means a health plan under part C of title XVIII of the Social Security Act (42 U.S.C. 1395w-21 et seq.).

Secretary

The term Secretary means the Secretary of Defense.

TRICARE program; TRICARE for life

The terms TRICARE program and TRICARE for Life have the meanings given those terms in section 1072 of title 10, United States Code.

In general

In order to implement expeditiously the demonstration program under this section, the Secretary may prescribe such changes to the regulations implementing the TRICARE program as the Secretary considers appropriate.

Rulemaking

The Secretary shall implement any changes prescribed under paragraph (1)—

In subsection (b), in the subsection heading, by striking Retired Reserve;

In subsection (c), by striking Retired Reserve the last place it appears; and

in subsection (f), by striking paragraph (2) and inserting the following:

in paragraph (1), by striking (1) Except as provided in paragraph (2), a member and inserting A member; and

by striking paragraph (2).

in paragraph (1), by striking (1) Except as provided in paragraph (2), a member and inserting A member; and

by striking paragraph (2).

Pharmacy benefits program

Such section is amended by adding at the end the following new paragraph:

Medical contracts

Section 1079 of such title is amended by adding at the end the following new subsection:

Regulations

In order to implement expeditiously the reforms authorized by the amendments made by paragraphs (1) and (2), the Secretary of Defense may prescribe such changes to the regulations implementing the TRICARE program (as defined in section 1072 of title 10, United States Code) as the Secretary considers appropriate—

In general

Section 1075 of title 10, United States Code, is amended—

Conforming amendment

Subsection (d)(2) of such section is amended by striking , and the amounts specified under paragraphs (1) and (2) of subsection (e),.

by striking paragraph (2) and inserting the following new paragraph:

in paragraph (3), by striking subparagraph (B) and inserting the following new subparagraph:

TRICARE Select

TRICARE Prime

Reference to medically necessary vitamins

Paragraphs (3) and (18) of section 1077(a) of such title are amended by striking subsection (g) each place it appears and inserting subsection (h).

Eligibility of dependents to purchase hearing aids

Section 1077(g) of such title is amended by striking of former members of the uniformed services and inserting eligible for care under this section.

Contracts for medical care for spouses and children

Section 1079(b) such title is amended by striking fiscal year each place it appears and inserting calendar year.

Contracts for health benefits for certain members, former members, and their dependents

Section 1086(b) of such title is amended by striking fiscal year each place it appears and inserting calendar year.

Preauthorization for care at residential treatment centers

Section 1095f(b) of such title is amended by adding at the end the following new paragraph:

Reference

Section 1075a(c) of such title is amended by striking section 1075f(a) and insertingsection 1095f(a).

in subsection (a)—

by redesignating subsection (b) as subsection (d); and

by inserting after subsection (a) the following new subsections:

Develop the common qualifications and core competencies required of military and civilian individuals for selection as directors of military treatment facilities.

Establish a minimum length for the tour of duty of a member of the Armed Forces serving as a director of a military treatment facility.

Standards

In developing common qualifications and core competencies under subsection (a)(1), the Secretary shall include standards with respect to the following:

Objective

The objective of the Secretary in developing such qualifications and competencies shall be to ensure that the individuals selected as directors of military treatment facilities are highly qualified to serve as health system executives in a medical treatment facility of the Armed Forces.

In general

Except as provided in paragraph (2), in the case of a director of a military treatment facility who is a member of the Armed Forces, the length of the tour of duty of any such director assigned to such position after January 1, 2019, may not be shorter than the longer of—

Waiver

The Secretary may authorize a tour of duty of a member of the Armed Forces serving as a director of a military treatment facility of a shorter length than is otherwise provided for in paragraph (1) if the Secretary determines, in the discretion of the Secretary, that there is good cause for a tour of duty in such position of shorter length. Any such determination shall be made on a case-by-case basis.

Establishment of task force

The Secretary shall establish a multi-disciplinary task force of Federal and private sector health care experts (in this section referred to as the Task Force) to develop a plan to implement the pilot program.

Membership of task force

Submittal of plan

Not later than 180 days after the date of the enactment of this Act, the Task Force shall submit to the Secretary an implementation plan for the pilot program.

Nonapplicability of Federal Advisory Committee Act

The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Task Force.

To create high-value integrated health systems that—

To empower health care providers with real-time advanced information technology solutions—

To empower patients with transparent information on health care costs, quality outcomes, and safety within health care provider networks in high-value integrated health systems.

To provide incentives to patients and health care providers to prevent overuse of low-value health care services.

Report on implementation

Not later than 270 days after the date of the enactment of this Act, the Secretary shall transmit to the Committees on Armed Services of the Senate and the House of Representatives the implementation plan submitted to the Secretary under subsection (c)(3).

Final Report

In order to ensure that children receive developmentally-appropriate and age-appropriate health care services from the Department, a plan to align preventive pediatric care under the TRICARE program with—

A plan to develop a uniform definition of pediatric medical necessity for the Department that aligns with recommendations of organizations that specialize in pediatrics in order to ensure that a consistent definition of such term is used in providing health care in military treatment facilities and by health care providers under the TRICARE program.

A plan to revise certification requirements for residential treatment centers of the Department to expand the access of children of members of the Armed Forces to services at such centers.

A plan to develop measures to evaluate and improve access to pediatric care, coordination of pediatric care, and health outcomes for such children.

A plan to include an assessment of access to pediatric specialty care in the annual report to Congress on the effectiveness of the TRICARE program.

A plan to improve the quality of and access to behavioral health care under the TRICARE program for children of members of the Armed Forces, including intensive outpatient and partial hospitalization services.

A plan to mitigate the impact of permanent changes of station and other service-related relocations of members of the Armed Forces on the continuity of health care services received by such children who have special medical or behavioral health needs.

A plan to mitigate deficiencies in data collection, data utilization, and data analysis to improve pediatric care and related services for children of members of the Armed Forces.

in subsection (a), by striking paragraphs (2) and (3);

in subsection (b), by striking paragraph (2); and

by striking subsections (c) and (d).

A description of the features distinguishing a should-cost review and the analysis of program direct and indirect costs.

Establishment of a process for communicating with the contractor the elements of a proposed should-cost review.

A method for ensuring that identified should-cost savings opportunities are based on accurate, complete, and current information and are associated with specific engineering or business changes that can be quantified and tracked.

A description of the training, skills, and experience, including cross functional experience, that Department of Defense and contractor officials carrying out a should-cost review in subsection (a) should possess.

A method for ensuring appropriate collaboration with the contractor throughout the review process.

Establishment of review process requirements that provide for sufficient analysis and minimize any impact on program schedule.

A requirement that any separate audit or review carried out in connection with the should-cost review be provided to the prime contractor under the program.

A description of the review.

An identification of the authorities the Secretary recommends for provision to the Commander of the United States Special Operations Command and the acquisition executive of the Command as described in subsection (a), and recommendations for any modifications of such authorities that the Secretary considers appropriate for purposes of the United States Special Operations Command.

Such recommendations for legislative or administrative action as the Secretary considers appropriate for the provision of authorities identified pursuant to paragraph (2) as described in subsection (a).

Such other matters as the Secretary considers appropriate in light of the review.

In general

Chapter 137 of title 10, United States Code, is amended by adding at the end the following new section:

Clerical amendment

The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

In general

Chapter 137 of title 10, United States Code, is amended by inserting after section 2302d the following new section:

Clerical amendment

The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2302d the following new item:

In general

Not later than 90 days after the date of enactment of this Act, the Secretary of Defense shall enter into an agreement with an independent organization with relevant expertise to study best practices and lessons learned from using services contracts for periods longer than five years by commercial companies, foreign governments, and State governments, as well as service contracts for periods longer than five years used by the Federal Government, such as Energy Savings Performance Contracts.

Report

Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the study conducted under paragraph (1).

a requirement for disclosure of the agency’s written source selection award determination, redacted if necessary to protect other offerors’ confidential and proprietary information;

a requirement for a combined written and oral debriefing for all contract awards and task or delivery orders valued at $10,000,000 or higher;

a requirement for an option, at an offerors’ election, for access to an unredacted copy of the source selection award determination and the supporting agency record for outside counsel or other appropriate outside representative for all contract awards and task or delivery orders valued at $10,000,000 or higher;

provisions ensuring that both losing and winning offerors are entitled to the applicable enhanced post-award debriefing rights; and

robust procedures, consistent with section 2305(b)(5)(C) of title 10, United States Code, and section 15.506(e) of the Federal Acquisition Regulation, to protect the confidential and proprietary information of other offerors.

by redesignating subparagraphs (C), (D), and (E) as subparagraphs (D), (E), and (F), respectively;

in subparagraph (B)—

by inserting after subparagraph (B) the following new subparagraph:

by redesignating subparagraphs (A) and (B) as clauses (i) and (ii) respectively;

by striking The period and inserting (A) The period; and

by adding at the end the following new subparagraph:

by redesignating subsections (c), (d), (e), (f), (g), (h), and (i) as subsections (d), (e), (f), (g), (h), (i), and (j) respectively; and

by inserting after subsection (b) the following new subsection:

in the section heading, by inserting and safety equipment after personal protective equipment; and

by inserting and safety equipment after personal protective equipment.

in paragraph (5), by striking ; and and inserting a semicolon;

in paragraph (6), by striking the period at the end and inserting a semicolon; and

by adding at the end the following new paragraphs:

by striking subparagraph (C); and

by redesignating subparagraphs (D) and (E) as subparagraphs (C) and (D), respectively.

in subsection (a), by striking fiscal year 2015 and inserting fiscal years 2018, 2019, 2020, 2021, and 2022;

in subsection (b)—

in subsection (c), by striking each fiscal year beginning with fiscal year 2015 and inserting fiscal years 2018, 2019, 2020, 2021, and 2022.

the future-years defense program submitted to Congress includes the information described in subsection (a); or

the Secretary of Defense certifies that the Department has a plan to provide such information by the next fiscal year.

In general

A contracting officer, prior to awarding or renewing a covered contract, shall, as part of the responsibility determination, consider any identified violations of the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.) or equivalent State laws by the offeror, and by any covered subcontractors.

Responsibility determination

The contracting officer shall consider violations described in paragraph (1) in determining whether the offeror is a responsible source with a satisfactory record of performance that meets mission and ethical standards.

Referral of information to suspension and debarment officials

As appropriate, a contracting officer shall refer matters related to violations described in paragraph (1) to the Department of Defense's suspension and debarment official in accordance with Department procedures.

ensuring that when making responsibility determinations, contracting officers request that contractors provide any and all information the contractors deem necessary to demonstrate responsibility prior to final determinations;

establishing mechanisms for contractors to have an expedited process to review any information used to support determinations of non-responsibility; and

establishing mechanisms for contractors to have an expedited process to appeal determinations of non-responsibility.

In general

Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Department of Defense and the congressional defense committees a report on the health and safety records of Department of Defense contractors.

Elements

The report required under paragraph (1) shall include the following elements:

Covered contract

The term covered contract means a Department of Defense contract for the procurement of property or services, including construction, valued in excess of $1,000,000.

Covered subcontractor

The term covered subcontractor means a subcontractor listed in the bid for a covered contract or known by the Department of Defense to be a subcontractor of the offeror.

In general

Chapter 144 of title 10, United States Code, is amended by inserting after section 2441 the following new section:

Clerical amendment

The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2441 the following new item:

The origin of part 12 and the congressional mandate to prefer commercial procurements.

The definition of a commercial item, with a particular focus on the of a type concept.

Price analysis and negotiations.

Market research and analysis.

Independent cost estimates.

Parametric estimating methods.

Value analysis.

Best practices in pricing from commercial sector organizations, foreign government organizations, and other Federal, state, and local public sectors organizations.

Other topics on commercial procurements necessary to ensure a well-educated acquisition workforce.

a university research program to engage academic experts on research topics of interest to improve commercial item identification and pricing methodologies; and

a set of exchange and interface opportunities between government personnel experts to increase awareness of best practices and challenges in commercial item identification and pricing.